A Minnesota school district’s program for recruiting, mentoring, and retaining local teachers is race-based and therefore discriminatory, a parents group alleges in a complaint to the U.S. Department of Education (DOE).
“PDE and its members oppose discrimination on the basis of race and political indoctrination in America’s schools,” the complaint says, citing the U.S. Constitution’s Equal Protection Clause.
It also cites a 2015 decision from OCR that determined public schools in various states had no right to hold Black Lives Matter assemblies that were limited to black students.
“Rochester Public Schools has affinity group programming for some teachers that is not open to all. The district allows only some teachers to participate in affinity group programming, mentoring, and scholarship opportunities, and their participation is based on their race,” the complaint states.
The action could be a preview of what’s to come under President-elect Donald Trump’s administration. Michelle Exner, PDE senior advisor, previously told The Epoch Times that her organization plans to use the Office for Civil Rights to fight federal funding of public school diversity, equity, and inclusion (DEI) programs.
District’s Response
Rochester Public Schools Communications Director Mamisoa Knutson said her district stands by its person of color criteria for teacher recruitment programs.“Research has conclusively shown that when a student of color has a teacher of color, it has powerful benefits to their academic achievement and educational experience,” she said in an email to The Epoch Times.
Other Legal Challenges
Last year, PDE objected to the Los Angeles Unified School District’s Black Student Achievement Plan (BSAP). In their July 2023 complaint, PDE cited the program outline that explains how it directly responds to the unique needs of black students and not students of other races.In an email response to The Epoch Times, the school district maintained that the scope of the program had not changed.
“Los Angeles Unified is committed to addressing the achievement gap that has historically impacted Black students,” wrote Britt Vaughan, speaking for the district.
“There have been no changes to the Black Student Achievement Plan, and all district-allocated resources to BSAP remain. This important program will continue in its mission to support black students and is available to all interested students in accordance with the district’s nondiscrimination policy.”
The New York Department of Education and several districts throughout the Empire State also promote DEI programs on their websites. No recent challenges have been filed with the federal DOE’s Office of Civil Rights.
Jay Worona, deputy executive director and general counsel for the New York State School Boards Association, said attorneys representing school districts and school boards should always watch out for discriminatory language in curricula or programs, and they also should not change practices, procedures, or policies because of speculation about increased litigation under Trump’s leadership.
The Equal Protection Clause has been viewed differently by liberals and conservatives, Worona said. In the past, judges have sided with arguments that DEI programs righted past wrongs that have marginalized students of certain races.
By contrast, he noted, the U.S. Supreme Court’s 6-3 ruling in 2023 against racial preferences in college admissions said it is illegal and unconstitutional to designate programs or outcomes for students of certain races.
New administrations usually send “dear colleague” letters to every school district explaining any policy changes. Often, state education departments will follow up with their own letters reminding school leaders of where state constitutions may conflict with the new president’s policies, Worona told The Epoch Times.
“He’s not yet president,” Worona said of Trump. “It’s too soon to establish guidance.”